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HomeMy WebLinkAbout2012-05-01 City of Livonia, Zoning Board of Appeals Page 1 of 16 May 1, 2012 A Regular Meeting of the Zoning Board of Appeals of the City of Livonia was held in the Auditorium of the Livonia City Hall on Tuesday, May 1, 2012. MEMBERS PRESENT: Matthew Henzi, Chairman Sam Caramagno, Secretary Toni Audia Aloe Edward E. Duggan, Jr. Robert E. Sills MEMBERS ABSENT: Craig Pastor, Vice Chairman Elizabeth H. McCue OTHERS PRESENT: Michael Fisher, Assistant City Attorney Dennis DeMeyer, City Inspector Helen Mininni, Court Reporter The meeting was called to order at 7:00 p.m. Chairman Henzi then explained the Rules of Procedure to those interested parties. Each petitioner must give their name and address and declare hardship for appeal. Appeals of the Zoning Board's decisions are made to the Wayne County Circuit Court. The Chairman advised the audience that appeals can be filed within 21 days of the date tonight’s minutes are approved. The decision of the Zoning Board shall become final within five (5) calendar days following the hearing and the applicant shall be mailed a copy of the decision. There are four decisions the Board can make: to deny, to grant, to grant as modified by the Board, or to table for further information. Each petitioner may ask to be heard by a full seven (7) member Board. Five (5) members were present this evening. The Chairman asked if anyone wished to be heard by a full Board and no one wished to do so. The Secretary then read the Agenda and Legal Notice to each appeal, and each petitioner indicated their presence. Appeals came up for hearing after due legal notice was given to all interested parties within 300 feet, petitioners and City Departments. There were 7 persons present in the audience. (7:05 #1/139) APPEAL CASE NO. 2012-05-18: Anna Najjar, 37592 Summers, Livonia, MI 48154, seeking to erect a six foot tall privacy fence upon a corner lot, resulting in excess fence height, the fence not aligning with fencing upon the adjacent property, and such fence located within the side yard, which is not allowed. ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF A REGULAR MEETING HELD MAY 1, 2012 City of Livonia, Zoning Board of Appeals Page 2 of 16 May 1, 2012 Privacy Fence Height on Corner Lot Allowed: 5 ft. Proposed: 6 ft. Excess: 1 ft. The property is located on the north side of Summers (37592) between Blue Skies and Stonehouse. Henzi: Mr. DeMeyer, anything to add to this case? DeMeyer: The Department has nothing to add at this time, Mr. Chair. Henzi: Any questions for the Inspection Department? Hearing none, will the Petitioner please come to the podium? Good evening. Petitioner: Good evening. Henzi: Can you tell us your name and address, please? Petitioner: Anna Najjar, 37592 Summers, Livonia. Henzi: Mrs. Najjar, why don’t you tell us why you want to construct a fence on your corner lot? Petitioner: Well, we did have shrubs all across the back and we lost the privacy there. And it really is – I didn’t expect to lose the privacy there. I just didn’t realize that it was so good to have that privacy. It would just be better for us for my husband and myself because we have gotten older and we can’t even take care of the shrubs. The main reason is for the privacy and there’s a possibility that we were thinking of putting in a pool, but right now the main thing is just privacy. Henzi: Any questions for the Petitioner? Sills: Mr. Chair. Henzi: Mr. Sills. Sills: To the Petitioner. How long have you resided in this home? Petitioner: Forty, almost 47 years. I think since 1954. Sills: And there are how many people living in the house? Petitioner: Right now, it’s just my husband and myself. City of Livonia, Zoning Board of Appeals Page 3 of 16 May 1, 2012 Sills: Just you and your husband. And why did you remove the shrubs to begin with? Petitioner: Well, they were getting to the point we can’t take care of them and it was getting expensive to take care of them all the time. And like I said, I didn’t think we were going to lose the privacy and we’ve had them just about since we have been there and I just didn’t really think that it was going to be a bother not to have them. Our door wall is right there and people come up and down the street, and the sidewalk and in the backyard. It’s just not comfortable any more. Sills: But you knew this for 40 some years that people walk up and down the sidewalk. Petitioner: Well, I never really thought about it that’s what I’m trying to say. Well, they had to grow. I’ve got pictures here if you want to see them. They have been quite high for a while now. Sills: I understand. Do you feel that you could take care of a pool when you couldn’t take care of the shrubs? Petitioner: Well, we possibly could and we’ve got children and grandchildren that probably would come over. We probably wouldn’t take care of it that much, but we could maybe have somebody do it. We’ve considered it, but we don’t know for sure. The main problem is the privacy. Sills: Okay, I don’t have anything more. Henzi: Can you pass the photos around? And in our packet we’ve got a photograph of a vinyl fence with lattice at the top. Petitioner: Yes. Henzi: Is that the style that you would like to put up? Petitioner: Yes, that is what I would like to put up. Henzi: What color? Petitioner: It will match on the house, let’s see, clay. It is a clay color. Henzi: And then we also have an outline of where you would like the fence to go with the setback, sort of at the angle with the northeast corner? Petitioner: Yes, with that angle. Yes. Henzi: Why did you ask for that angle, just because for better sight lines or something else? Petitioner: Yes, we figured it would give the neighbors a better sight line. City of Livonia, Zoning Board of Appeals Page 4 of 16 May 1, 2012 Henzi: Any other questions? I will wait for the photos to make it around and we might have some more questions. I did have one. Why do you need a 6-ft? Why isn’t 5-ft. good enough? Petitioner: Well, I didn’t really know that 6-ft. was too high. I just assumed in the beginning that 6-ft. was okay. The top of it is a foot of lattice and it looks good. Henzi: Do you remember when the shrubs were first planted? Petitioner: About ’65, 1965. Henzi: You had some photos of some fences. Petitioner: Oh, that’s the fence that we have right now. Henzi: And then you’ve got one photo of a panel. That’s the type of fence that you want? Petitioner: Yes, that’s the one we want. Henzi: Any other questions? Aloe: Mr. Chair. Henzi: Mrs. Aloe. Aloe: I have one question for the Petitioner. Why is it you didn’t go around your entire perimeter of your backyard? That you don’t have it on -- Petitioner: We don’t have it between the neighbor next door to us. Aloe: Yes. Petitioner: Well, it’s a little bit expensive and we just – they’ve got – it’s sort of blocked off anyway there between us with their shrubs and that - like they’ve got some – we really don’t see into their yard and nobody sees over from their side. Aloe: Who put that lattice in there? Petitioner: In that fence? Oh, my husband stuck that up and it’s just on there. It’s not that good. It’s just held on with like ties, I guess. Aloe: Is that attached to that cyclone fence between your two yards? Petitioner: Just with like – just ties that you can – when I say ties, like what you close a paper bag with or some steel covered with -- City of Livonia, Zoning Board of Appeals Page 5 of 16 May 1, 2012 Aloe: Well, I see that it was across the front of the yards there, but is it actually attached to the cyclone fence that runs between your two yards? Petitioner: Yes, it is. That one is, but I would like to change that. I’d like to change that to a different, you know, color. If we get this fence, I would just put more lattice work on there. Aloe: Do you know that you’re not supposed to do that? Petitioner: No. I see people do it all the time. We’re not supposed to put lattice work? No, I had no idea my husband did that. That’s been up there for years. Aloe: Okay, thank you. Henzi: Any other questions? Is there anyone in the audience who wants to speak for or against this project? If so, come on up to the podium. Bent: My name is Christine Bent. I live at 14081 Stonehouse. I am the north neighbor of the Najjar’s, which is that fence line along the driveway you see in the photos. I want to speak for having a privacy fence. The main fact being I do miss the privacy. I moved into this house 23 years ago for the fact that we had so much privacy on all three areas from the north, west, and south part of our home. And since those shrubs have been removed almost six weeks ago, what a difference it makes. I come out of my side door on to my patio, on to my covered-awning patio and I see into their door wall all the time. I can see from the time they get up at 6:30 in the morning their lights are on in their living room until the time I go to bed. And, you know, when I’m coming and going out of my driveway out of my home, they can see me as well. I also enjoy the use of my patio quite frequently and with this nice weather we’ve been having this past month I’ve also been sunbathing. Without the privacy of that fence or the shrubs they use to have, I feel violated. I have to put up a blanket or some kind of covering over the fence so that I may enjoy my sunbathing. And as the shrubs were removed, they definitely needed to be removed they were overgrown. They did require a lot of maintenance. From our part of the fence line, we had to maintain them as well when they came through the fence. I know they hired people in the past as well to trim the tops of them and on their side of them and sometimes on our side of them at least once a year, which I am sure was quite costly. I like the idea of the structure of the fence with the decorative part on the top so it doesn’t look like it’s as high as it is. It’s just 5-ft. plus another additional decorative fencing is what I would call it. And I like the angle at which they did it at the corner of the driveway so that we may get out of our driveway safely. We always do back up into our driveway so that when we come out of the driveway, we’re always heading forward driver first that we may see anybody coming along the sidewalk along the fence line as it was before with the shrubs as well. So, I don’t see a safety problem with the height of the fence. Any questions? Aloe: Mr. Chair. Henzi: Mrs. Aloe. City of Livonia, Zoning Board of Appeals Page 6 of 16 May 1, 2012 Aloe: Will it be okay with you that you’re going to have two fences on that boundary line between her cyclone – I mean, her vinyl fence will only go back so far and then you’ll have your own cyclone fence there. Bent: Where our cycling fence would start - where their vinyl fencing would begin is like where our garage would be in that area. On that property line where the other neighbor is, is a big pine tree and it doesn’t really matter to me. It’s more privacy. Aloe: Thank you. Henzi: Any other questions? Thank you very much. Martin: Good evening. Christopher Martin, business address 12275 Inkster Road, Livonia. I’m in favor of this as I have been many times with other privacy fences that are in the side yard when they come before the Zoning Board. They are very common throughout the City, many of you know it. Whether it’s 5-ft. with 1-ft. of lattice above it there are many solid 6-ft fences that are out there. I’ve been a long-time resident of the City and it’s very common to have it. I can understand her wanting to have privacy. So, I’d be in favor of it and I don’t think that having some lattice in another area of her property or a swimming pool, the possibility of putting a swimming pool in shouldn’t affect the fence. The fence is what we are talking about this evening and it seems like its maintenance free and the fact that it’s vinyl wouldn’t need the maintenance, the staining or painting if it was wood. So, I think you should just approve this. Before 1994, you wouldn’t even be here discussing this because before the enactment of the Fence Ordinance there was people putting it up without a permit and without the approval of the Zoning Board. So, I am definitely in favor of any of these that are in the side yard. Henzi: Thank you. Anybody else? I see no one else coming forward. Can you read the letters? Caramagno: We’ve got an approval from Peter Danke [14122 Blue Skies] (letter was read). Lenora Natschor [14120 Stonehouse] approval as well (letter was read). Irene Nosakowski [14003 Richfield] (letter was read). Larry (& Ruth) Martin [37618 Summers] (letter was read). Henzi: Mrs. Najjar, is there anything you would like to say in closing? Petitioner: No, just that I would really love to have that fence and I think we really could use it. We would love to have that privacy back. Henzi: Okay, thank you. I will close the public portion of the case and begin the Board’s comments with Mr. Sills. Hang on. Petitioner: Can she make a comment? She just got here. Henzi: Sure, yes. City of Livonia, Zoning Board of Appeals Page 7 of 16 May 1, 2012 Grass: I’m sorry. I apologize. Henzi: Can you tell us your name and address, please? Grass: My name is Joan Grass and I live at 14160 Stonehouse. Henzi: Are you in favor of the fence or against it? Grass: I am in favor of it. Henzi: Is there anything else you would like to say? Grass: Well, if you want to know the reason why, I can tell you that I know that I’ve lived on that street since 1964 and I have not ever seen anybody, you know, opposing things. The one thing that I think was very difficult for the Najjar’s is that they have the tall evergreens in their yard. They recently had them removed and I think it’s because getting up in the senior age it’s hard to trim those trees yourself and so you have to hire somebody and everything is becoming more costly and more costly. That doesn’t seem to me that to be 12 more inches than 5-ft. is going to make a difference to me or I haven’t talked to anybody about it, but that’s how I feel. I’m not opposed to that at all. They had those trees removed and that must have been quite costly. And she has a fence, a privacy fence, it makes a big difference I think and it wouldn’t be an eye sore. It would just be a fence and we have a right to have privacy in your own backyard, I think. That’s why I don’t have an objection at all. I live about four houses from their house and that’s all I wanted to say. Henzi: Thank you very much. Okay. I will close the public portion of the case and begin the Board’s comments with Mr. Sills. Sills: Well, I’ve sat on this Board for many years now and I don’t ever recall turning down a request for a privacy fence on a corner lot. I think corner lots are very vulnerable to losing your privacy. There are a couple of things that bother me though that when people buy on a corner they know that they’re -- Unidentified Speaker: I’m sorry I can’t hear you very well. Sills: When people buy a corner lot, they understand that they’re going to be vulnerable to the public and they’re not going to have the privacy that somebody would have in the middle of the street somewhere. But I am going to approve this reluctantly. I don’t understand why somebody would live in a house for 40 some years and decide all of a sudden to put a swimming pool in. That’s the last thing I would want to put in. I’ve been in Livonia since 1964. I built my house in Livonia in ’64 and I raised three daughters and we did without a swimming pool and the last thing I would want to do right now is put a swimming pool in at my house. But I will approve it. Henzi: Mrs. Aloe. City of Livonia, Zoning Board of Appeals Page 8 of 16 May 1, 2012 Aloe: I will also be in support. I think the Petitioner has presented a good case for needing privacy. I want to thank her for using a vinyl fence rather than a wooden fence and I’m fine with the 5-ft. and the 1-ft. lattice. So, I will be in support. Henzi: Mr. Caramagno. Caramagno: I think what really illustrated it for me was the pictures that you passed around. Clearly, it’s a whole different animal here without the bushes, the trees, arborvitae, or whatever they are. It’s a whole different game. It doesn’t even look the same. And privacy is what you had and must have had for many years and you’ve got nothing now. Vinyl fences are nice. We’re only talking about a foot here and the foot you want is lattice, it’s more attractive than not to me and I think that’s okay with me as well. Henzi: Mr. Duggan. Duggan: I, too, will be in support. Looking at those pictures like Mr. Caramagno said the big trees back there in your backyard. I understand now when you took them down you didn’t realize how much privacy they gave you. You are right on the corner and you need your privacy with everyone able to drive by and walk by. And even more so, was that two houses right across the street from you have privacy fences as well. I understand with how big those shrubs are, it could be difficult to maintain. So, I understand why you want a privacy fence and I will be in support. Henzi: I, too, will support the request. I think it’s fair. I think the Petitioner demonstrated that she does have a uniqueness to her property, it’s highly traveled in the Castle Gardens Sub. There are lots of privacy fences within that sub and this Petitioner had shrubs that were much higher than 6-ft. for decades, and I think that this is going to look nice. It’s fair to everybody involved. So, the floor is open for a motion. Upon Motion by Duggan, supported by Caramagno, it was: RESOLVED, APPEAL CASE NO. 2012-05-18: Anna Najjar, 37592 Summers, Livonia, MI 48154, seeking to erect a six foot tall privacy fence upon a corner lot, resulting in excess fence height, the fence not aligning with fencing upon the adjacent property, and such fence located within the side yard, which is not allowed. Privacy Fence Height on Corner Lot Allowed: 5 ft. Proposed: 6 ft. Excess: 1 ft. The property is located on the north side of Summers (37592) between Blue Skies and Stonehouse, be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because Petitioner lives on a corner lot. City of Livonia, Zoning Board of Appeals Page 9 of 16 May 1, 2012 2. Denial of the variance would have severe consequences for the Petitioner because it would deny him privacy because they are on a corner lot with high car traffic and foot traffic. 3. The variance is fair in light of its effect on the neighboring properties and in the spirit of the Zoning Ordinance because of the support from surrounding neighbors. 4. The Board received four (4) letters of approval and no letters of objection from neighboring property owners. 5. The granting of this variance will not adversely affect the purpose or objective of the Master Plan because this property is classified “Low-Density Residential” under the Master Plan, and the proposed variance is not inconsistent with that classification. FURTHER, This variance is granted with the following conditions. 1. That the fence be erected as proposed on the plans, which were presented to the Board, in the same location and with the same materials. 2. That the variance is good for six months. ROLL CALL VOTE: AYES: Duggan, Caramagno, Aloe, Sills, Henzi NAYS: None ABSENT: Pastor, McCue Henzi: The variance is granted with those two conditions. You’ve got to build the fence in the spot that you outlined and you have to use the type of fence that you proposed, and then build it within 6 months. Good luck. Petitioner: Thank you. City of Livonia, Zoning Board of Appeals Page 10 of 16 May 1, 2012 (7:29 #1/829) APPEAL CASE NO. 2012-05-19: Jeannie and Jeffrey Maciejewski, 36145 Jay, Livonia, MI 48152, seeking to erect a six-foot tall privacy fence, which is not allowed. Privacy fencing must be contained within the rear yard only. The property is located on the south side of Jay (36145) between Golfview and east end. Henzi: Mr. DeMeyer, anything to add to this case? DeMeyer: The Department has nothing to add at this time, Mr. Chair. Henzi: Any questions for the Inspection Department? Hearing none, good evening. Can you introduce yourself, please? Petitioner: Good evening. I’m Jeannie Maciejewski at 36145 Jay Street, Livonia. Henzi: Can you tell us why you want to erect the fence? Petitioner: Yes, we recently got a swimming pool last year and we want to erect the fence for traffic reasons mostly because at the tee of the Fairway and Jay. And the traffic off of Seven Mile comes down Fairway with no alternative routes for streets and the line of sight is right into our backyard at that yield sign. So, that’s one reason. And then we have a park in back of us, which the pedestrian walkway is also right around our neighbor’s fence and we get a lot of people walking their dogs or just going back and forth through the park walkway. I have three kids, a 20 year old, a 15, and a 14 and they have their friends over, of course, and with the pool I feel that is only going to increase. So, having a lot of young kids running around in bathing suits with, you know, cars coming by and they can see right into the backyard I don’t feel is the safest thing in the world. And just from, you know, they get dogs and sometimes they get loose and dogs jumping the fence – just to stop that. And then we have the wildlife, also to protect the wildlife, the deer and hopefully they won’t jump – a taller fence than they will a shorter one, just those six reasons. Henzi: I just have a couple. When you talk about the walkway to the park, you’re talking about the one where if you’re walking along Jay and then you enter the park, you know, people from your subdivision would; that’s the one you’re talking about? Petitioner: Yes. Henzi: Okay. And then you also have the diagram with highlighted outlines where the fence would go; that’s what you want? Petitioner: Yes. City of Livonia, Zoning Board of Appeals Page 11 of 16 May 1, 2012 Henzi: And then you’ve also got a photograph of the type of fence, which is a vinyl fence; that’s the one that you want to erect; correct? Petitioner: Yes. Henzi: And what color is going to match the -- Petitioner: The vinyl on our house is white so -- Henzi: -- siding. Petitioner: Yeah, white. I just want to say we are on a dead end so, you know, the fence is not going to obstruct any of our neighbors’ views because we are on a dead end and, as you can see on the photos, the neighbors don’t really have too many windows where our fence is going to be, you know, it’s just like – it’s not a wall so it’s not going to obstruct anybody’s view of anything other than into our backyard hopefully. Henzi: Another question I thought of was, it seemed to me that Fairway probably gets all the traffic for people on Golfview? Petitioner: Yeah. Henzi: Is that the case, Fairway is the entry point, typically? Petitioner: Yes. Henzi: So you do see cars coming down and then they make the right? Petitioner: Yes. Henzi: To get to Golfview? Petitioner: Yeah, and when they stop at that yield sign, I mean, the only place they have to look other than to see if the cars are coming is straight into our backyard where – I think I gave you guys a picture from the street, from yield sign where the kids are standing right next to the pool and sometimes they are going to have bathing suits on so just mostly for safety reasons. Henzi: Any questions? Duggan: Mr. Chair. Henzi: Mr. Duggan. Duggan: The park that backs up to your house? Petitioner: Yes. City of Livonia, Zoning Board of Appeals Page 12 of 16 May 1, 2012 Duggan: Is there trees? I was looking back, those are directly trees behind you – can you see the park from your backyard? Petitioner: Yes. Duggan: Okay. So, people walk through your backyard to get to the park just behind you and - is there any fence, not necessarily on your property, but anywhere from blocking the fence from – like anything from blocking the park from private property or is it just -- Petitioner: There is now. We had a fence up before and we took it down. Then we got a pool and then we had to put up a fence. We did put a fence separating our house from the park; does that answer your question? Duggan: Yes. Petitioner: Okay. Duggan: But from the park they do have a clear sight line into your backyard? Petitioner: Yes. Duggan: Okay. Thank you. Petitioner: Those pictures were taken from my backyard. Duggan: All right. Petitioner: All they have to do is like turn their head. Duggan: Okay. Thank you. Petitioner: You’re welcome. Henzi: Any other questions? Hearing none, is there anyone in the audience who wants to speak for or against this property? If so, come on up to the podium. Martin: Thank you, Mr. Chairman. Christopher Martin, business address 12275 Inkster Road, Livonia. Once again, as the first case, I am in favor of these in the side yard especially on a corner lot. It adds a great deal of privacy especially when a pool is involved as in this case. I have a real interest in these. You see, both of my properties were rejected by the Zoning Board, 6-ft. privacy fences in the side yard – even Mr. Sills forgets it, but I haven’t forgotten it. That was when I ran for City Council. So, I am in favor of this as I am with all of them – Petitioners that come in front of you. So, I would look for an approval on this. Henzi: Thank you. Anybody else? I see no one else coming forward -- City of Livonia, Zoning Board of Appeals Page 13 of 16 May 1, 2012 Caramagno: Mr. Chair, I have a question. Henzi: Go ahead. Caramagno: Do you plan any gates in the fence to add to the backyard for access? Petitioner: Yes, I think it was indicated in a drawing that there is going to be a gate. I think it’s going to be two 5-ft. pieces. It’s not indicated in there - on the side? Caramagno: On the garage side? Petitioner: Yes. Caramagno: Okay. So, it’s going to open up 10-ft. so you can get back there to do what you need to do. Petitioner: Yeah, to cut the grass. Caramagno: Okay. Thank you. Aloe: Mr. Chair. Henzi: Mrs. Aloe. Aloe: I have one.question. I’m just curious why you wouldn’t want the privacy fence along your, and I think I’m saying this right, your west yard line. I mean, you referred to that yield sign. It just seems like that’s where you wouldn’t want them to look through. Petitioner: Right. Well, I opted to do the other side because that’s the traffic from the park side. Aloe: Right, I understand that. Petitioner: And then the front would actually just stop the view from the yield sign, just the front part. The other side that you’re referring to our neighbor, west neighbor, she’s an elderly lady. She lives there alone so I opted to do the other side, which is the park entrance first. Financially, we couldn’t do the whole thing at once so that’s what we opted for. Aloe: All right. Thank you. Henzi: Are there letters? Caramagno: Yes. Joan Graves [36157 Jay St.] writes I have no objections (letter was read). Diane Kaminski [18637 Fairway St.] approval (letter was read). Henzi: Mrs. Maciejewski, is there anything you would like to say in closing? City of Livonia, Zoning Board of Appeals Page 14 of 16 May 1, 2012 Petitioner: No, just thank you for your consideration and, hopefully, you will approve it. Henzi: Okay. Thank you. I will close the public portion of the case and begin the Board’s comments with Mrs. Aloe. Aloe: I will be in support. I think the Petitioner does have a uniqueness. The fact that she has a public walkway almost right next to her house with a part and a lot of pedestrians coming by and then the fact that she has a pool. So, I will be in support. Henzi: Mr. Caramagno. Caramagno: Basically, the same reasons. The pool and this is not offensive to your neighbors and clearly it is needed for your privacy so I don’t have a problem with it either. Henzi: Mr. Duggan. Duggan. I, too, will be in support. You’re backed up right to the park. I can understand why you need privacy and I will be in support. Henzi: Mr. Sills. Sills: I will also be in support. I agree with my colleagues with their comments so I can’t add any more. So, I will be in support. Henzi: I, too, will support the application. I think that the photographs that the Petitioner gave us were a great example of a lack of privacy for all those cars heading south on Fairway. Also, I really don’t mind that chain link at the back. In fact, it might even be a safety issue where somebody wouldn’t want that privacy fence along that public unlit park. So, I am all for it and the floor is open for a motion. Upon Motion by Aloe, supported by Sills, it was: RESOLVED, APPEAL CASE NO. 2012-05-19: Jeannie and Jeffrey Maciejewski, 36145 Jay, Livonia, MI 48152, seeking to erect a six foot tall privacy fence, which is not allowed. Privacy fencing must be contained within the rear yard only. The property is located on the south side of Jay (36145) between Golfview and east end, be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because the Petitioner’s property is adjacent to a park and a public walkway with high pedestrian traffic. 2. Denial of the variance would have severe consequences for the Petitioner because the Petitioner is seeking privacy and security from the public and because she has a pool. City of Livonia, Zoning Board of Appeals Page 15 of 16 May 1, 2012 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because again this is consistent with other homes with privacy fences where there are pools and public walkways. 4. The Board received two (2) letters of approval and no letters of objection from neighboring property owners. 5. The granting of this variance will not adversely affect the purpose or objective of the Master Plan because this property is classified “Low-Density Residential” under the Master Plan, and the proposed variance is not inconsistent with that classification. FURTHER, this variance is granted with the following conditions: 1. That the fence be erected as proposed on the plans, which were presented to the Board, in the same location and the same type of fence. 2. That the variance is good for six months. ROLL CALL VOTE: AYES: Aloe, Sills, Caramagno, Duggan, Henzi NAYS: None ABSENT: Pastor, McCue Henzi: The variance is granted with those two conditions. You have to build it as presented in the same location that you presented and the same type of fence that you presented. It is good for 6 months. It doesn’t expire in 6 months it means you have 6 months within which to build. Petitioner: Thank you. Henzi: Good luck. Motion by Caramagno, seconded by Aloe, to approve the minutes of 3/06/12 ZBA meeting. All were in favor. Sills abstained. There being no further business to come before the Board, the meeting was adjourned at 7:43 p.m. City of Livonia, Zoning Board of Appeals Page 16 of 16 May 1, 2012 ___________________________ SAM CARAMAGNO, Secretary ____________________________ MATTHEW HENZI, Chairman /hm